ISLAMIC FEDERAL REPUBLIC OF THE COMOROS ------
Federal Assembly Act No.- 082 P/A. F - Act 95-012/AF on the penal Code ( Crimes and offenses )
The Federal Assembly has deliberated and adopted in its meetings of May 15, 1981 and May 8, 1982
and 18/09/95.
THE LAW WHOSE CONTENT IS AS FOLLOWS:
PRELIMINARY PROVISIONS
FIRST ARTICLE: - the offense that the laws punish sentences of police is a contravention.
The offense that the laws punish of correctional penalties is an offense.
The offense that the laws punish an afflictive penalty and infamous is a crime.
ART. 2 . - Any attempt to commit a crime which has been manifested by a commencement of execution, if it has not been suspended or if it failed to achieve its effect only by circumstances independent of the will of its author, is regarded as the crime itself.
ART. 3. - The attempted offense is regarded as the offense itself that in the cases determined by a special provision of the law.
ART. 4. - Null contravention, no crime, no one crime may not be punished by penalties which were not foreseen by the law before they were committed.
ART. 5 . - In case of conviction of several crimes or offenses , the severest punishment is only pronounced.
When a main sentence is the subject of a forgiveness, it has to be taken into account, for the application of the confusion of sentences, the sentence resulting from the switching and non-of the original sentence.
First Book
of sentences in criminal matters and of corrections and their
ART effects. 6 . - The penalties in criminal matters are or afflictive and demeaning, or only demeaning.
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ART.7.- The afflictive penalties or demeaning are:
1°) - death.
2°) - The work forces in perpetuity.
3°) - The work forces in time 4°) - The of the deteninelle.
ART. 8 . - The penalty only infamous is the civic degradation.
ART. 9 . - The sentences in correctional matters are:
1°)- The imprisonment to time in a place of correction 2°) -The prohibition to time of certain civil rights, civilians or of the family.
3°)- the fine.
ART.10. - The condemnation to the penalties established by the Act is always pronounced without harm of refunds and damages which may be due to the parties.
ART.11. - The prohibition of stay, the fine, the special confiscation either of the body of the offense, when the property in belongs to the condemned, either of the things produced by the offense, or of those who have served or who have been intended for the commit, are common penalties for material to criminal and correctional.
FIRST CHAPTER
of sentences in criminal matters
ART.12. -Any person sentenced to death will be executed by firing squad.
ART.13. - The bodies of those executed will be issued to their family if they are asking for, to support for them to be buried without a device.
The minutes of the execution will be, under penalty of a civil fine from 2000 to 10,000 francs, lists on the field by the registrar. It will be signed by the President of the Assize or its replacement, the representative of the public ministry and the clerk.
Immediately after the execution, a copy of the minutes will be, under the same penalty, displayed on the door of the prison establishment or took place the execution and y will remain affixed during twenty four hours. In the case where the execution would have been made out of the enclosure of a penitentiary institution, minutes in will be displayed on the door of the town hall of the place of execution.
No indication, no document relating to the execution other than the minutes, may not be published by the press, to penalty of a fine of 20,000 to 35,000 francs. It is prohibited, under the same penalty, as long as the minutes of execution has not been displayed or the decree of grace shall notify the condemned or mentioned to the minute of the judgment, to publish by the way of the press, posters, leaflets, or by any other means of advertising, no information relating to the notice issued by the Higher Council of the judiciary, the decision taken by the President of the Republic
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er The minutes will be, under the penalty provided by paragraph 1 , transcribed by the clerk in the twenty four hours at the foot of the minute of the judgment. The transcript will be signed by him and he will make mention of any under the same penalty, in margin of the minutes.This mention will also signed and the transcript will show as the minutes itself.
If the condemnation comes from a jurisdiction other than the court of assizes, its President shall exercise the powers belonging to the President of the foundation, the application of this article.
ART.14. - If the execution should be done in a prison establishment, the latter must be among the prison establishments appearing on a list drawn up by order of the Minister responsible for justice.
Will be only allowed to attend the execution, the persons indicated below:
1°) - The president of the Court of Assize or to default, a magistrate designated by
president court appeal 2°) - a representative of the mini stere public designated by the Attorney General.
3°) - a judge of the court of the place of execution.
4°) - The clerk of the Court of Assize or, by default, a clerk of the court of the place of enforcement.
5°) - The defenders of the condemned.
6°) - a minister of religion.
7°) - The Director of the prison establishment.
8°) - The atrocities will require of police and if there is a place, the agents of the public force required by the attorney general or by the public prosecutor of the Republic 9°) - The prison doctor or to default, a doctor designated by the attorney general or by the Public Prosecutor of the Republic.
No conviction can be executed during the days of national or religious holidays, or on Sundays, or on Fridays.
ART-15. - If a woman sentenced to death said, and if it is verified that she is pregnant, she will not suffer its penalty that after its issuance.
ART.16. - The length of the sentence of the work forces in time, it will be according to the cases specified by law, which is ten to twenty years, either of five to ten years.
ART.17. - The duration of the punishment of criminal detention will be, according to the cases specified by law, is ten to twenty years, either from five to ten years.
ART.18. - Men sentenced to the work forces will be employed in the work of public interest the more painful.
The women sentenced to the work forces will be employed and in the interior of the penal camp.
ART.19. - The criminal detention will be run in the neighborhood of the special penal camp. The sentenced person will communicate with the persons placed in the interior of the place of detention or with those of the outside, in accordance with the regulations of the prison administration.
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ART.20. - The duration of any deprivation of liberty account of the day or the convicted person is being held under the condemnation, become irrevocable who pronounced the sentence.
ART.21. - As there will be had preventive detention, this detention will be deducted in full from the length of the sentence that will be pronounced the judgment or the judgment of conviction, unless the judge had ordered, by special provision and reasoned that this posting will not take place or that it will take place only in part.
With regard to the preventive detention between the date of the judgment or of the judgment and the time or the conviction becomes irrevocable, it will always posted in the two following cases:
in toto) - If the sentenced person has exercised point of appeal against the judgment or the judgment.
2°) - If having exercised an appeal, his sentence was reduced on his appeal or to the result of his appeal.
ART.22. - The condemnation to a criminal penalty will prevail the civic degradation. The civic degradation will be incurred from the day or the conviction is irrevocable and, in the case of conviction in absentia, the date of the completion of the advertising provided below:
1°) - Publication of an extract of the judgment of conviction in a newspaper.
2°) -Display of the same extract to the door of the last known domicile of the fugitive, the door of the City Hall and to that of the praetorium- of the Court of assizes.
3°) - Notification of the judgment to the representative of the areas of the domicile of the fugitive.
ART.23. - Anyone who has been sentenced to a afflictive punishment and shaming will be of more, for the duration of his sentence, in a state of legal prohibition, he will be appointed a guardian and surrogate guardian to manage and administer his property, in the form prescribed for the appointments of guardians and surrogate guardians to prohibited.
The legal prohibition does not produce effect for the duration of the parole.
ART.24. - The property of the convicted him will be handed over after he has undergone his punishment and the tutor will report on its administration.
ART.25. - For the duration of his sentence, he will not be able to be handed no sum , no provision, no portion of its revenues
ART.26. - The civic degradation is
1 degrees) - In the dismissal and the exclusion of convicted of all functions, jobs or public offices.
2°) - In the deprivation of the right to vote, eligibility and in general of all civil and political rights and the right to bear any decor.
3°) - In the inability to be de jure, expert, to be employed as a witness in the acts and to remove in justice otherwise than to give simple information.
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4°) - In the inability to be part of no family council and to be guardian, curator, subrogated guardian or judicial council, if it is to his own children, and on the assent of the family.
5°) - In the deprivation of the right of port and weapons possession, right to serve in the gendarmerie, in the police and armed forces, in general to participate in a served any public, to hold school or to teach and to be employed in any establishment of instruction, as a professor, master or supervisor.
ART.27. - All the times that the degradation will be pronounced as the main penalty, it may be accompanied by a prison whose length determined by the judgment of condemnation, not exceeding five years.
If the convicted person is a foreigner or a Comorian having lost the quality of citizen, 1a sentence of imprisonment should always be pronounced.
ART.28. - The condemned to forced labor in perpetuity cannot dispose of his property, in whole or in part, either by gift inter vivos, either by testament, or receive to this title, if this is due to food. Any testament by him done so prior to his conviction contradictory, become final is zero. The above provisions are applicable to convicted in absentia that five years after the completion of the advertising measures provided for in the Code of Criminal procedure in force.
The indictment chamber acting on request may raise the convicted person from all or part of the disability imposed by the previous paragraph, it may grant the exercise in the place of execution of the penalty, civil rights, or a few of these rights of which he has been deprived by her state of legal prohibition the acts done by the condemned in the place of execution of the sentence, may not initiate the goods that it possessed in the day of his conviction, or that he are matured at title free since that time.
ART.29. - In all cases where a conviction is handed down, for an offense under sections 55, 56 57,58,78 - 79,151,152,157 and 160, the competent courts may order confiscation for the benefit of the nation of all the assets of the convicted of whatever nature they may be, furniture, buildings, or individual following the procedures below.
ART.30. - If the convicted person is married, the confiscation will focus only on the half of its property.
If he has of the descendants or ascendants, the confiscation will focus only on the fifth of its goods. It will be, if there is place, proceeded to the share or the licitation following the rules applicable in the matter of succession.
ART.31. - The alienation of confiscated property will be pursued by the administration of the areas within the forms prescribed for the sale of State property
The property vested in the State by the effect of the forfeiture, will remain strikes, up to the amount of their value, of legitimate debts prior to the conviction.
Will be declared null and void at the request of the administration of areas or of the public ministry, all acts inter vivos or testamentary at a cost or free, made by the guilty for less than three years at the time of prosecution, either directly, or by
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person interposed or by any other indirect means, if they have been made with the intention to conceal, divert or reduce all or part of his fortune.
Unless evidence to the contrary which may be made by all means, any act of provision or administration is presumed to have been accomplished in this intention if it is not established that it is previous to the period provided for by the preceding subparagraph.
Will be punished by a term of imprisonment of one to five years and a fine of 20,000 to 200,000 francs, or only one of these two penalties, those who knowingly aid directly, either indirectly or by interposition of persons, with the concealment of goods or values belonging to the convicted person.
CHAPTER there
of sentences in correctional matters
ART.32. - The duration of sentences of imprisonment will be greater than a month without exceeding ten years, except in the case of recidivism or those for which the act will be determined other limits.
The penalty to a day of imprisonment is twenty-four hours. The one to one month is thirty days. The fine is greater than 1 0,000 francs
ART.33. - The courts judging correctionnellement may, in some cases, prohibit, in whole or in part, the exercise of civic, civil and family rights:
1°) - of voting and election.
2°) - for eligibility.
3°) - to be called or appointed to a juror or other public functions to administration jobs.
4°) - The port and weapons possession.
5°) - to vote and suffrage in the deliberations of the family.
6°) - To be guardian, curator, if this is of his children and of the opinion only of the family, 7°) - to be an expert or employee as a witness in the acts.
8°) - to testify in court, otherwise than for y make simple declarations.
When the penalty will be greater than five years, the courts can decide for a duration of not more than ten years, the prohibition of rights listed above
the ban will take effect as of the day or the conviction will become final.
ART.34. - The courts do not vote the prohibition mentioned in the previous article that when it has been authorized or ordered by a particular provision of the Act.
Chapter 111
of penalties and other convictions that may be imposed for crimes or offenses.
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ART.35. - The prohibition of residence lies in the defense made for convicted persons to appear in certain places, in addition, it has measures of supervision and assistance.
Its duration is two to ten years,
it may be pronounced:
1°) - In criminal matters against the sentenced to forced labor for time, to 1a criminal detention and imprisonment for crime.
2°) - in correctional matters in the cases provided for by law.
Any person sentenced to a life sentence who obtains switching or remission of his sentence is, if he is otherwise prepared by the gracious decision, subject to full right to the prohibition of residence for a period of ten years. It is the same for any person sentenced a life sentence who has prescribed his sentence.
The list of prohibited places, as well as the measures of supervision and assistance are fixed by the Minister of the Interior, by arrested individual taken on the proposal of a commission composed by:
in toto) - The first president of the court of appeal - President.
2°) - The attorney general close to the court of appeal.
3°) - The Director of the federal police.
4°) - The commander of the gendarmerie.
5°) - The governors of the islands or their representatives.
The said commission will sit validly when half of its members will be
present.
This decree will be able as to need be changed in the forms or he intervened. In any case, the minister of the Interior may not aggravate the proposals made by the commission mentioned above.
ART.36. - The order of prohibition is notified to the condemned man, who receives in addition to a copy of the said arrested a special card of identity which the template will be fixed by decree of the Minister of 1 "inside and which will have to be presented at police checks.
If the order of prohibition of residence has been notified to the condemned before his final release or correctional, it takes effect from the day of its liberation. If he has been notified after his release, he shall take effect from the day of notification.
If it has not been pronounced of deprivation of liberty without suspension, the arrested prohibition of residence will be notified to the convicted person that the judgment of conviction will become final.
If the sentenced person has prescribed his sentence, the order of prohibition of stay takes effect from the day or the prescription is accomplished.
Shall be punished by a term of imprisonment of six months to three years and a fine of 15,000 francs to 1 00,000 francs, or with only one of these two penalties, any prohibited to stay which in violation of the order of prohibition of residence which has been notified, will appear in a forbidden area and that will be subtracted from the measures of supervision and assistance.
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The non-presentation of the special card of identity will be punished by a sentence of fifteen days to three months' imprisonment and a fine of 15,000 francs to 50,000 francs.
In case of emergency, the provisional authorisation to stay in a locality prohibited may be granted by the commissioner of the federal police.
ART.37. - When there will be place to restitution, the guilty may be sentenced in addition, toward the injured party, if it so requests, to the allowances which the determination is entrusted to the discretion of the Court or of the court, when the law does the will have not settled, without which the court or tribunal can consent even of the so-called share, declare the application to any manner of work.
ART.38. - The enforcement of fines, to refunds, damages and the costs can be continued by the stolen of the constraint by body.
ART.39. - In the event of competition of the fine with the refunds and the damages and interest, on the property insufficient of the condemned, these latest convictions will get the preference.
ART.40. - Subject to the provisions provided for in the code of criminal procedure, all individuals sentenced for the same offense or for related offenses, are severally bound almonds, refunds, damages and costs.